Due process! WTF is this, a /democracy/?!!

[hfx_ben]

"Mr Charkaoui, who is not a Canadian citizen, was incarcerated for 21 months under a provision of Canadian immigration law that has become one of the most controversial elements in the government fight against terrorism here

Comments

[caernarvon]

If I remember correctly, it was done like that to protect both the country and the person involved...

It seems that a fair amount of the time, suspected terrorists are attempting to use the loophole that they will be killed or persecuted if they are sent back to their country of origin...The government has set it up this way so that (a) the gvnt can vet this person to see if their story holds up and (b) to protect the person in case they are telling the truth...

Of course, it's been a while since I've read up on that law, so my interpretation may be a little off

[hfx_ben]

Lots of stuff can be rationalized as "protecting the individual". But really, how does that accord with "The evidence against them is kept secret. They do not get access to it, and neither do their lawyers."

[allhatnocattle]

All's fair, in love, war and even when it's not fair, eh?

In the absense of evidence presented, I'm having a hard time following this story. I'm inclined to believe in "presumed innocent" especially when nothing seems to suggest otherwise. Still, I have enough faith in the system to believe there must be something that has raised suspicions enough to hold Charkaoui for all this time. If the motive was purely racist there would be a great many more locked up.

This secretive nature of proceedings would appeal to those wanting to abuse it. I can't see what it's supposed to protect, or protect us from. It only seems to raise and serve everyone's suspicion. Where's the check and balance? These proceedings in secret should be abolished immediately.

[hfx_ben]

When push comes to shove we get a glimpse of how committed to civility our institutions really are ... or not.

[allhatnocattle]

Their concerns are real. I'm not that critical. But I wonder if they were justified by their actions in reaction to their concerns.

They were "committed to civility" at least enough to allow him access to a lawyer. (it sounds like) But they have reasons to deny the lawyer access to the evidence, you know, top secret reasons, so what good would a lawyer do? Well, it got him out after 21months. Supposedly better then he would have fared without access to a lawyer.

[anik]

Due process for non-Canadian Muslims

Actually, the National Security Certificate is part of the Immigration Act and can be theoretically applied to anyone who is not a Canadian citizen. It was also used in the recent Zundel caseI'm not defending the legislation, but to be fair you should realize the thinking behind it: the judge in the case must be convinced that the evidence presented by the government (and withheld from the defence) qualifies as information important to national security (i.e. releasing that information to the defence or press would compromise national security). For example in the Zundel case, releasing the evidence against him might have compromised the safety of Canadian agents/officers trying to keep tabs on militia groups and white supremacist groups in Canada & their informants

[hfx_ben]

Very nice ... yes indeed.

"Hard cases make bad law" ... when the judge and prosecuters alone have access to the information provided by the authorities, only one is unbiased: the prosecutor's position is not ambiguous. So the judge alone sits as representing the community ... and without any transparency. (I don't see how the decision can even be reviewed, since the evidence is likely to remain sealed.)